The Office of the Speaker of the Delta State House of Assembly has defended the declaration of the Udu State Constituency seat as vacant, saying the decision was made in line with the provisions of the 1999 Constitution.

The Speaker’s office was reacting to comments by former Deputy President of the Senate, Ovie Omo-Agege, who criticised the Assembly’s decision to declare the seat vacant following the defection of the lawmaker representing Udu State Constituency, Collins Egbetamah.

In a statement issued on Wednesday by the Chief Press Secretary to the Speaker, Nkem Nwaeke, the Assembly said its resolution was based on documentary evidence before the House and complied with Sections 109(1)(g) and 109(2) of the Constitution.

According to the statement, Section 109(1)(g) provides that a lawmaker elected on the platform of a political party shall vacate the seat upon joining another political party before the expiration of the tenure, except where there is a division in the political party that sponsored the election.

The Assembly maintained that the Constitution empowers the Speaker to declare the seat vacant once the constitutional conditions have been satisfied.

It added that the House acted on the resignation and defection letter submitted by the lawmaker.

“The resolution on the Udu seat was reached after due consideration of documentary evidence before the House, in strict compliance with Sections 109(1)(g) and 109(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the statement read.
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The Speaker’s office also rejected claims that the decision was arbitrary or politically motivated, arguing that the Constitution does not require a court judgment or legislative hearing before the Speaker acts once the relevant facts have been established.

“The Constitution does not require a judicial determination or a legislative hearing before the Speaker gives effect to Section 109(2) once the factual condition is met and no constitutional exception is established,” the statement added.

The Assembly said its action was not intended to deny the people of Udu representation but to ensure that the constituency is represented through the constitutional process.

It explained that the directive to the Clerk of the House to notify the Independent National Electoral Commission was to enable the conduct of a by-election in accordance with Section 116(2) of the Constitution.

The Speaker’s office further stated that any party dissatisfied with the decision was free to seek judicial redress.

“Should any party feel aggrieved, the courts remain the ultimate arbiter of constitutional interpretation. The Delta State House of Assembly has full confidence in the judiciary and welcomes judicial review of its action,” the statement said.

The Assembly reaffirmed its commitment to the rule of law, constitutional democracy and the discharge of its legislative responsibilities.

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